Translated from Turkish by Translators for Justice
It is a crime when the police carries out an order which itself constitutes a crime. People you are dealing with are not the enemies (It is not the enemy you are dealing with)As the reactions increase steadily against the excessive use of tear gas, gas bombs and water cannons towards people on the order of Recep Tayyip Erdoğan, the chairman of the Union of Turkish Bar Associations Prof. Dr. Metin Feyzioğlu stated “The ones who are not talking about these incidents and not fulfilling their duties regarding them will have no right to speak afterwards.” Feyzioğlu talked to Sözcü about the incidents that took place in Gezi Park and the related events which came afterwards, the politics that government pursue, the juridical fallacies and the attitude of the police. Here is that interview:
They refused to see what the whole world saw, they denied the facts and declared everyone who seek liberty as terrorists and had the police forces attack on them.
Police officers cry for help, saying “Please do not leave us face to face with the people”. They are given unlawful orders. Political powers are pre-eminently declaring war against people. One segment of the people on the streets are provoked against the other.
The Police is not safe either.
Nobody’s personal rights are safe, their promotions and preferences are between the lips of the Minister of Internal Affairs and the Prime Minister. The police shoots the ones who are pointed by the government, catches whoever the government chooses. The removal of the identification numbers from the uniforms and helmets of the police forces is the most striking evidence of their pre-determined decision to commit crimes against their own people.
They have tear gassed people who took shelter at the hotels, conducted raids at infirmaries that were installed out of desperation. They have prostrated and beaten little children, young boys and girls. The country have been turned out to be a concentration camp.
They ignore the law
Every sentence of the resolution that was released against the government by the European Parliament are of great importance. Until yesterday, it was all right when the government was corrupting the jurisdiction and the army with the hands of European Union, but now all these suddenly turned into a grave situation when Europeans finally understood that they have been being used.
The ruling political power stated that they ignore the decision of European Parliament. What actually being ignored or more precisely destroyed is the democracy and the constitutional state (state of law).
I don’t know how to describe the events that have been taking place in Turkey for days now, besides with the word “savagery”. I believe the future is brighter.
The road that political might has entered is a road with a dead end. They have taken the risk of causing the doom of all the people of Turkey as well. The freedom of people will be provided with the common sense and determination of the people themselves.
It is a crime when the police carries out an order which itself constitutes a crime. However police officers are brought to a state of mind where they can no longer distinguish the truth from the false. They are convinced that the people they are faced with are the enemies and they are given the order to attack to intervene these people.
It is like a battlefield
I am calling out to the police officers whom are carrying on their duties in the fields: the people you are facing with are your mothers, sisters and brothers, your children and nephews. They are not your enemies. Carrying out the order which constitutes a crime is also under your responsibility.
The largest cities of Turkey have been turned into battlefields by the government. There is no excuse to justify this
After this point, we are heading to contact with European Council and other relevant international organizations. I am constantly in touch with Secretary General of the Council of Europe. All of the civilized world should see what is going on in Turkey.
Sözcü Gazetesi -Saygı Öztürk 17.06.2013
The directions and orders in the law regarding civil servants are divided into three categories:
1. The ones which do not constitute a crime, which are compatible with the law and the morals, which are based on a hierarchical foundation
2. The ones which do not constitute a crime but are thought to stand against the law and morals by the officer: in this case, the officer will ask for a written order from his/her superior and when the order is written, he/she is obliged to carry out that order
3. The ones which constitute a crime: written or not, these orders should not be carried out by the officers.
(page 657 Laws 8-9-10-11-12)